Ritual, Social Criticism, and the Russell Tribunal

Total Page:16

File Type:pdf, Size:1020Kb

Ritual, Social Criticism, and the Russell Tribunal W&M ScholarWorks Undergraduate Honors Theses Theses, Dissertations, & Master Projects 5-2020 Up Close and Personal: Ritual, Social Criticism, and the Russell Tribunal Henry Blackburn Follow this and additional works at: https://scholarworks.wm.edu/honorstheses Part of the Other Philosophy Commons, and the Political Theory Commons Recommended Citation Blackburn, Henry, "Up Close and Personal: Ritual, Social Criticism, and the Russell Tribunal" (2020). Undergraduate Honors Theses. Paper 1566. https://scholarworks.wm.edu/honorstheses/1566 This Honors Thesis is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Undergraduate Honors Theses by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. Blackburn 1 Up Close and Personal: Ritual, Social Criticism, and the Russell Tribunal A thesis submitted in partial fulfillment of the requirement for the degree of Bachelor of Arts in Government from The College of William and Mary by Henry Sexton Blackburn Accepted for________Honors__________ (Designation(s): Honors) ______________________________________ Dr. John Lombardini, Director ______________________________________ Dr. Joel Schwartz ______________________________________ Dr. Christopher Freiman Williamsburg, VA May 5, 2020 Blackburn 2 Table of Contents Section One: Introduction ______________________________________________________3 Section Two: An Overview of the Russell Tribunal _________________________________6 Manfredi, Ritual, and International Law ____________________________________________9 Manfredi’s Account: Close, but No Cigar __________________________________________11 Section Three: History Invoked: Bertrand Russell ________________________________15 A Just History in America ______________________________________________________15 Russell and the Tribunal’s Beginnings ____________________________________________17 Section Four: History Re-Evaluated: Gabriel Kolko _______________________________19 America the Free? ____________________________________________________________19 American Hypocrisy in Vietnam _________________________________________________22 Section Five: History Realized: James Baldwin ___________________________________25 Exporting American Racism Abroad _____________________________________________26 Apocalypse Now? ____________________________________________________________27 Section Six: Social Criticism as a Solution? ______________________________________30 The Necessity of Critical Distance (And How to Achieve It) __________________________34 Section Seven: Up Close and Personal: Ritualized Social Criticism __________________39 Habitus and Ritual Practice _____________________________________________________39 Mimesis and the Tribunal’s Legal Structure_________________________________________42 Section Eight: Further Points of Exploration _____________________________________48 Section Nine: Conclusion _____________________________________________________50 Bibliography ________________________________________________________________52 Blackburn 3 Section One: Introduction The Russell Tribunal, a body formed in 1966 by philosopher Lord Bertrand Russell, was a private assembly of writers, intellectuals, and jurists organized to judge whether the United States government was guilty of committing war crimes against North Vietnamese combatants and civilians during the Vietnam War. The Tribunal has faced many criticisms since its operation, from charges of bias and one-sidedness — it only investigated whether the United States and its allies, and not the North Vietnamese, were guilty of war crimes — to indictments of uselessness in changing the course of the War — the United States would continue spending tens of billions of dollars on military operations until the war’s conclusion in 1975.1 These criticisms make it seem hardly correct to view the Tribunal as a formal legal body that sought to practice international legal judgement and deliver an unbiased verdict on U.S. military action in Vietnam — a view I term the legal view of the Tribunal. I will argue that the Russell Tribunal was, instead, a ritualized space that promoted the practice of and legitimization of performing social criticism among its members. My focus on ritual is strongly influenced by the work of Zachary Manfredi’s article “Sharpening the Vigilance of the World: The Russell Tribunal as Ritual,” which argues that the Russell Tribunal, through ritual, sought to engage with and influence the practicing of international human rights law. Under Manfredi’s view, the Tribunal performed a type of political practice that primarily worked to bring regular citizens into the analysis and condemnation of both human rights abuses and crimes against international law. While I believe that Manfredi is correct in using ritual as an analytical lens through which to understand the Tribunal and that many of the Tribunal’s members hoped that the wider 1 Alan Rohn, “How Much Did the Vietnam War Cost?” under “Economic Cost.” Blackburn 4 public, namely American citizens, would denounce the US’ actions and demand an exit to the war, I think the subject of his analysis, that the Tribunal sought to directly engage with and influence the practice of international human rights law, is incorrect: both on account of criticisms offered by Geoffrey Nice and Arthur Blaser that people-led tribunals have little, if any, track record in affecting how international law is practiced, and the more likely explanation that the Tribunal, whether explicitly stated or not, truly intended to be a space for social criticism to flourish. In light of this, I argue that the Tribunal can be analyzed as a ritual mimesis of a legal tribunal that promoted an efficacious level of social criticism among its members that is not adequately captured by significant theories of social criticism. As such, I will rely on the theories of ritual and habitus offered by Pierre Bordieu. While Manfredi only relies on a description and genealogy of ritual as provided by Talal Asad, I believe that Bourdieu’s theory allows for a more capacious understanding of the Tribunal’s internal operations as a form of ritual that, through the and promotion of certain dispositions and attitudes, strengthened its members’ social criticism. In making this argument, I will first provide a deeper background of the Tribunal and the legal view, provide an explication of the common criticisms this view faces, and explain how Manfredi’s argument seeks to provide a new understanding of the Tribunal in light of these common criticisms. I will explain why I disagree with what he argues is the true purpose of the Tribunal — influencing the practicing of international law — though I wish to retain and rework his use of ritual as the prime way to understand the Tribunal. Second, I will choose three members of the Tribunal — Bertrand Russell, the founder, Gabriel Kolko, a key witness, and James Baldwin, a voting member of the jury — and explore their critical writings against the Vietnam War. This will serve to show how these members (and undoubtedly many others) were fundamentally engaged in different forms of social criticism, both on their own and during the Blackburn 5 Tribunal, to disprove any idea that the Tribunal (or its members) was primarily focusing on the practice of international law. I will also show how the Tribunal-related writings of Russell, Kolko, and Baldwin displayed a more efficacious level of social criticism than their non-Tribunal writings to support the idea that the Tribunal might have affected how its members came to view and write about the Vietnam War. Third, I will engage with the literature on social criticism, specifically the theories offered by Michael Walzer, Sharon Welch, and Cornel West to investigate the writings of Russell, Kolko, and Baldwin and show how, on their own, they fail to hold the requisite critical distance to perform a fully effective social criticism.2 However, in light of these three members’ effective Tribunal-related writings, I will argue that viewing the Tribunal as a space for social criticism is ultimately a more useful, though still incomplete, way of understanding the Tribunal’s purpose (counter to Manfredi’s focus on the practice of international law). Lastly, I will return to the concept of ritual by using Bourdieu’s theory of ritual and habitus as a way to understand what exactly was occurring within the Tribunal. I will combine the lens of ritual and the concept of social criticism — as the theories of Walzer, Welch and West fail to sufficiently capture the range of critical distance that a social critic can have — to present a novel account of the Tribunal as a body that performed a mimetic reproduction of a legal tribunal that allowed members like Russell, Kolko and Baldwin to perform more efficacious versions of their social criticism. 2 Effective in the sense that while each performs a theoretically "pure” form of immanent, rejectionist, or prophetic critique, their non-Tribunal writings are simply less persuasive or forceful than their Tribunal writings. Blackburn 6 Section Two: An Overview of the Russell Tribunal Few events during the twentieth century were so widely discussed, denounced, or protested as the Vietnam War. Fought between 1955 and 1975 between the Democratic Republic of Vietnam (or North Vietnam) and the alliance of the United States, the Republic of Vietnam (or South Vietnam), New
Recommended publications
  • The Russell Tribunal in Stockholm 50 Years Ago - Seen with the CIA's Eyes
    REPORTAGE The Russell Tribunal in Stockholm 50 years ago - seen with the CIA's eyes Jean-Paul Sartre in the presidium, on his right Vladimir Dedijer and Laurent Schwarz. PHOTO Joy Benigh 2017-06-30 Archives from the CIA, the US intelligence service, recently made available, provide a picture of the Russell Tribunal, held in Stockholm in 1967 in protest against the US war in Vietnam. The documents also highlight the spy organization's detailed information collection. 50 years ago, Stockholm became the center of building international opinion against the United States war in Vietnam. In 1967 there were two important meetings in Stockholm: the Russell Tribunal in May and the World Conference on Vietnam in July. Both concerned the fight against war crimes and have left their track on today´s political activities. The Russell Tribunal was more anti-imperialist and constituted a breakthrough in the world's opposition to the war. It became a pattern for similar tribunals in the future. The nine-year-old boy DoVan Ngoc exhibits terrible abdominal injuries caused by napalm bombs. Bending over the is boy Dr John Takman. The archives are opened slightly Since 2010, some of the archives of the CIA have been open to researchers. However, access has been limited to four data screens at the Maryland National Archives, which are open 5 working days a week between 9am and 4:30 pm. The stamp of secrecy has been removed on some part of more than 940,000 documents. These range from the 1940s to the 1990s, ie at least 25 years back.
    [Show full text]
  • The Media and the 1967 International War Crimes Tribunal Sean Raming
    We Shall Not Alter It Much By Our Words: The Media and the 1967 International War Crimes Tribunal Sean Raming To cite this version: Sean Raming. We Shall Not Alter It Much By Our Words: The Media and the 1967 International War Crimes Tribunal. Humanities and Social Sciences. 2020. dumas-02904655 HAL Id: dumas-02904655 https://dumas.ccsd.cnrs.fr/dumas-02904655 Submitted on 22 Jul 2020 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. We Shall Not Alter It Much By Our Words The Media and the 1967 International War Crimes Tribunal Times Herald (Port Huron, MI). May 7, 1967. 8 Nom : Raming Prénom : Sean UFR : langues étrangères Mémoire de master 2 recherche - 30 crédits - Très Bien Spécialité ou Parcours : Études Anglophones LLCER Sous la direction de Michael S. Foley Année Universitaire 2019 - 2020 2 Déclaration anti-plagiat D en scann r U N I V E R S I T E,. ocum t à e e à t e u e oire eïcctr o ru ·q ue -- t- _ _in_ _é_gr_ r_ _a _m_ ·_ m_ _ _ _ _ _ _ _ _ Cr en Ob I e------ _ _ _ Alpes DECLARATION 1.
    [Show full text]
  • Peoples' Tribunals, International Law and the Use of Force# I Introduction
    2013 Thematic: Peoples’ Tribunals, International Law and the Use of Force 711 PEOPLES’ TRIBUNALS, INTERNATIONAL LAW AND THE USE OF FORCE # ANDREW BYRNES * AND GABRIELLE SIMM ** This Tribunal is not a motley collection of vigilantes but a tribunal of conscience guided and inspired by the highest principles of international law and justice. Kuala Lumpur War Crimes Tribunal (2011) 1 I INTRODUCTION Since 1945, the Charter of the United Nations (‘ UN Charter ’) has imposed a prohibition on the use of force by states – subject to certain exceptions – a prohibition which has been held to exist also at customary international law. 2 Where the use of force nevertheless occurs, the options open to other states to respond may include the institution of legal proceedings before an international court, resort to the political bodies of the United Nations (‘UN’) or other international organisations for scrutiny and support, the adoption of diplomatic or other sanctions on a bilateral or multilateral basis, or even the use of force in response. In some cases a state claiming to be the victim of an unlawful use of # This article is based on research supported under the Australian Research Council’s Discovery Projects funding scheme (DP 110101594). The authors would like to thank the four anonymous referees for their very helpful comments, and gratefully acknowledge the assistance of Gianni Tognoni and Simona Fraudatario of the Permanent Peoples’ Tribunal of the Lelio Basso International Foundation in facilitating the conduct of research for this article. * Professor of Law, Australian Human Rights Centre, Faculty of Law, University of New South Wales, Sydney, Australia.
    [Show full text]
  • FSC Contents.Qxp
    Falk.qxp 22/10/2014 12:10 Page 5 5 Preventing the On 24 September 2014, a special session of the Russell Tribunal critically scrutinised crime of Israel’s summer assault on Gaza, Operation indifference Protective Edge, from the perspective of international law, including the core allegation of genocide. The process involved a series of testimonies by legal and weapons experts, health workers, journalists and Richard Falk others, some of whom directly experienced the fifty days of military assault. A jury composed of prominent individuals from around the world, known for their moral engagement with issues of the day, assessed the evidence with the help of an expert legal team of volunteers who helped with the preparation of the findings and analysis for consideration by the jury, which deliberated and debated all the issues raised – above all, the question of how to respond to the charge of genocide. The Russell Tribunal on Palestine was Richard Falk is an inspired by the original Russell Tribunal, international law and which was held in 1967 at the height of the international relations Vietnam War. Convened by the great scholar who taught at English philosopher Bertrand Russell and Princeton University for presided over by Jean-Paul Sartre, those forty years. Since 2002 he original sessions assessed charges of war has lived in Santa crimes committed by the United States in Barbara, California, and Vietnam. Subsequent tribunals included the taught at the local campus Russell Tribunal on Latin America, which of the University of investigated the military dictatorships in California in Global and Argentina, Brazil and Chile.
    [Show full text]
  • The Vietnam Informal Tribunal Transcript
    The Vietnam Informal Tribunal Transcript Date: Wednesday, 2 October 2013 - 6:00PM Location: Barnard's Inn Hall 2 October 2013 The Vietnam Informal Tribunal Professor Sir Geoffrey Nice QC In last year’s lectures I focused attention on international tribunals that seek to deal with crimes committed in conflict. I identified good things they do and shortcomings. One of several recurring concerns was that tribunals, however established, only ever try one side of a conflict and thus provide versions of ‘victors’ justice’. I suggested that there may be more of a role for the citizen in the business of leaving records of conflicts than our national and international political leaders might like. In this year I will deal, among other topics, with some particular instances in which the law, and lawyers may be seen as failing, sometimes unavoidably, the citizen caught up in armed conflict. Intervention in Syria provided insight into how the world operates at moments of conflict crisis and how the law does or does not feature at such times. Discussion about legality – in particular whether it could be legal to intervene without a supporting UN Security Council Resolution – recognises that legality would only become relevant if the intervention is not a success or, at least, regarded as a success. Then – then only – are opponents of intervention able to beat governments with the legality argument. Syria also reminds us how thin would seem the line between chemical weapons as defined by the OPCW and other weapons used by the great powers that somehow avoided that definition and how thin the line may be between conflict counted as unlawful when committed by countries without international power and very similar conduct in which they have themselves engaged.
    [Show full text]
  • Unofficial Accountability: a Proposal for the Permanent Women’S Tribunal on Sexual Violence in Armed Conflict
    Terrell 1 UNOFFICIAL ACCOUNTABILITY: A PROPOSAL FOR THE PERMANENT WOMEN’S TRIBUNAL ON SEXUAL VIOLENCE IN ARMED CONFLICT Abstract The ongoing sexual violation of women during recent conflicts stands in sharp contrast to increasing recognition that rape, sexual slavery, and other forms of sexual violence in armed conflict violate international law. This paper argues that State-based fora cannot adequately hold individual perpetrators and State sponsors of such violence accountable. Accordingly, it posits that “unofficial” mechanisms---created by private individuals without authorization from any State---be considered as means to eliminate impunity for sexual violence committed during armed conflict. To that end, it evaluates the “people’s tribunal” format, in which proceedings similar to a judicial trial are organized and carried out by private individuals. The paper traces the historical development of people’s tribunals, focusing on their use by the international women’s movement. A close analysis of the Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery during WWII illustrates the potential effectiveness of the format for addressing sexual violence against women during armed conflict. Based on this example, the paper argues that a people’s tribunal could serve not simply as a last resort for victims denied justice in other fora, but rather as a lasting compliment to established international legal institutions. Accordingly, the paper concludes by proposing the creation of a Permanent Women’s Tribunal for Sexual Violence in Armed Conflict and describing the attributes that would best enable the Tribunal to serve as a legitimate source of justice for victims, while also having a progressive influence on State-based legal institutions and society as a whole.
    [Show full text]
  • O Eview Bssay
    c:\users\ken\documents\type3402\rj 3402 050 red.docx 2015-02-04 9:19 PM o eview bssay BEHIND THE SCENES AT THE BRPF, THE VIETNAM SOLIDARITY CAMPAIGN, AND THE RUSSELL TRIBUNAL Stefan Andersson [email protected] Ernest Tate. Revolutionary Activism in the 1950s and 60s: a Memoir. Vol. 1: Can- ada 1955–1965. Pp. xvi, 274. C$15; £9; €11. Vol. 2: Britain 1965–1969. London: Resistance Books, 2014. Pp. xviii, 402. isbn: 978-0-902869-60-8. C$21; £13. i. introduction rnest (Ernie) Tate was born in 1934 in Northern Ireland and emigrated to b=Canada in 1955. He describes himself as “a working class activist without any formal education, politically formed mainly by my experiences in a small Trotskyist group in Canada” (Memoir 2: 164). He came to Britain in 1965 to establish, with much help from his partner, Jess MacKenzie, a British Section of the Fourth International. This is when the International Marxist Group (img) was born. In this review I will limit my comments to Tate’s activities in his second volume relating to the brpf, the Vietnam Solidarity Campaign (vsc) and the International War Crimes Tribunal (iwct). Tate describes how the img came into being and some of its main person- alities: Ken Coates, Pat Jordan, Geoff Coggan, and in particular Tariq Ali. Ali was elected President of the Oxford Union in 1965 and organized the first teach-in against the Vietnam war in the uk. He was a delegate on behalf of the British Peace Committee to the Communist-dominated Helsinki Peace Conference, visited Vietnam as a member of one of the investigative commis- sions sent out by the iwct and reported his findings at the session in Stock- holm in May 1967.
    [Show full text]
  • Discriminating Genocide from War Crimes: Vietnam and Afghanistan Reexamined
    Denver Journal of International Law & Policy Volume 22 Number 1 Fall Article 4 May 2020 Discriminating Genocide from War Crimes: Vietnam and Afghanistan Reexamined Helen Fein Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Helen Fein, Discriminating Genocide from War Crimes: Vietnam and Afghanistan Reexamined, 22 Denv. J. Int'l L. & Pol'y 29 (1993). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. Discriminating Genocide From War Crimes: Vietnam and Afghanistan Reexamined HELEN FEIN* Raphael Lemkin introduced the concept of genocide in 1942 as a way to understand the objective of Germany's policies toward the population of the occupied states.1 Historically, this term has been used "to signify a coordinated plan of different actions aiming at the destruction of essen- tial foundations of the life of national groups, with the aim of annihilat- ing the groups themselves."2 Since 1944, the concept has frequently been misused rhetorically and metaphorically for political ends. For instance, segregation and integration, drug addiction and methadone-maintenance, free choice of abortion and enforced birth control, AIDS, and condom use each have been labelled as "genocide."' Despite the prevalence of geno- cide4 -and the importance of the concept as an international norm, no sat- isfactory method exists to distinguish putative cases from rhetorical mis- uses and specious claims.
    [Show full text]
  • American Military Intervention in the Late Twentieth- Century and the Consequences for International Law Calla Cameron Claremont Mckenna College
    Claremont Colleges Scholarship @ Claremont CMC Senior Theses CMC Student Scholarship 2017 Grave Breaches: American Military Intervention in the Late Twentieth- Century and the Consequences for International Law Calla Cameron Claremont McKenna College Recommended Citation Cameron, Calla, "Grave Breaches: American Military Intervention in the Late Twentieth- Century and the Consequences for International Law" (2017). CMC Senior Theses. 1677. http://scholarship.claremont.edu/cmc_theses/1677 This Open Access Senior Thesis is brought to you by Scholarship@Claremont. It has been accepted for inclusion in this collection by an authorized administrator. For more information, please contact [email protected]. Claremont McKenna College Grave Breaches: American Military Intervention in the Late Twentieth- Century and the Consequences for International Law Submitted to Professor Daniel Livesay By Calla Jo Cameron For Senior Thesis Spring 2017 April 24, 2017 Acknowledgements: When I was 18, I wrote my first research paper on war crimes and crimes against humanity. By the time I was 19, I had written three more, all centered around the concept of American immunity. These projects left me hopeless about the future of humanitarian law and historical accountability. When I expressed such feelings to my father, he told me something I have not been able to forget: “You cannot let yourself become so jaded by the world that you no longer want to do good in it.” Those words have remained with me, and I had to repeat them to myself several times while writing this thesis, and I am grateful to have heard them. However, I am much more grateful for the endless support both of my parents, Melanie and Brian, have given me all of the days of my life, without which I would not be submitting a thesis at all.
    [Show full text]
  • In the Face of Epistemic Injustices?: on the Meaning of People-Led War Crimes Tribunals
    Environment and Planning D: Society and Space 2015, volume 33, pages 697 –713 doi:10.1177/0263775815598101 In the face of epistemic injustices?: on the meaning of people-led war crimes tribunals Mark Boyle National Institute for Regional and Spatial Analysis, Department of Geography, National University of Ireland Maynooth, County Kildare, Ireland; e-mail: [email protected] Received 10 February 2014; in revised form 30 December 2014 Audrey Kobayashi Department of Geography, Queens University, Kingston, Ontario, Canada; e-mail: [email protected] Abstract. This paper seeks to render intelligible the meaning of the vibrant tradition of people-led war crimes tribunals (PWCTs) which has emerged in the past half a century. Drawing upon recent postcolonial critiques of extant literature on geographies of care and responsibility, and informed by Third World Approaches to International Law (TWAIL), we question the capacity of the international legal system to provide justice for ‘others’ (especially subaltern and colonised communities) at a distance. We situate PWCTs in the context of the claim that the international legal system is systemically contaminated because it is conceptually Western. We interrogate the seminal Russell Tribunal on Vietnam (1966–67) and in so doing are led to place under scrutiny the postcolonial and dialectical ethics which characterised the work of French philosopher, literary giant, and political activist Jean-Paul Sartre before, during, and after his tenure as Executive President of this tribunal. We argue that insofar as PWCTs speak subaltern truth to power, they work to decentre the Western ethical, legal, and juridical canon and confront insidious epistemic injustices.
    [Show full text]
  • CGHR WP11 Javier
    Pérez-Jara, J, (May 2015) ‘Ritual and Myth in the Russell War Crimes Tribunal on Vietnam’, CGHR Working Paper 11, Cambridge: University of Cambridge Centre of Governance and Human Rights CGHR WORKING PAPER #11 Ritual and Myth in the Russell War Crimes Tribunal on Vietnam Javier Pérez-Jara, PhD Affiliated Researcher Department of Sociology, University of Cambridge Centre of Governance and Human Rights Working Papers The Centre of Governance and Human Rights (CGHR), launched in late 2009, draws together experts, practitioners and policymakers from the University of Cambridge and far beyond to think critically and innovatively about pressing governance and human rights issues throughout the world, with a special focus on Africa. The Centre aims to be a world-class interdisciplinary hub for fresh thinking, collaborative research and improving practice. The CGHR Working Papers Series is a collection of papers, largely peer-reviewed, focussed on cross-disciplinary research on issues of governance and human rights. The series includes papers presented at the CGHR Research Group and occasional papers written by CGHR Associates related to the Centre’s research projects. It also welcomes papers from further afield on topics related to the CGHR research agenda. Series Editors: Sharath Srinivasan, Annette LaRocco & Stephanie Diepeveen Publisher: Centre of Governance and Human Rights, University of Cambridge Contact: [email protected], (+44) (0)1223 767 257 University of Cambridge · Centre of Governance and Human Rights · Working Paper 11 Abstract: This article provides a sociological explanation of the performative core of the Russell Tribunal's power and legitimacy following a certain speech-act theory, in particular, an amalgam of Patrick Baert's positioning theory, Jeffrey C.
    [Show full text]
  • Los Tribunales De Opinión Y El Tribunal Permanente De Los Pueblos* LUIS
    Los tribunales de opinión y el Tribunal Permanente de los Pueblos* LUIS MOITA Abstract Los tribunales de opinión y el Tribunal Permanente de los Pueblos Luis Moita La historia encierra numerosos ejemplos de movimientos internacionales de opinión que reclaman justicia. Estas manifestaciones adoptan una gran diversidad de formas, desde las comisiones internacionales de investigación hasta las comisiones de la verdad y reconciliación. Entre tales ejercicios de ciudadanía civil se distinguen los llamados "tribunales de opinión", cuya primera gran iniciativa se debe a Lord Bertrand Russell en los años 1960. Siguiendo esa tradición, el Tribunal Permanente de los Pueblos tiene un recorrido de intensa actividad, entre 1979 y 2014, en que ha realizado asambleas deliberativas y pronunciado decisiones en un marco "parajudicial". Sus críticos censuran la apariencia de justicia con fines ideológicos, pero es defendible la legitimidad de estas iniciativas, en cuanto impacto a las conciencias, que toman sus referencias en el derecho internacional vigente y en la innovación jurídica, al servicio del derecho de los pueblos. *Trabajo publicado en el Vol. 6, n.1 (Maio-Outubro 2015) de la revista JANUS.NET, e-journal of International Relations. A pesar de no ser siempre bien conocida, la existencia de "tribunales de opinión" ha sido una realidad en las últimas décadas. Por regla general, actúan en el campo de lo internacional. Incluso cuando tratan temas de la vida interna de tal o cual país, tocan cuestiones globales y los ecos de sus deliberaciones transpasan las fronteras nacionales. El objeto de estas páginas es el de reflexionar críticamente sobre la naturaleza y funciones de los tribunales de opinión, en particular el caso del Tribunal Permanente de los Pueblos, creado en la ciudad italiana de Bolonia en el año 1979.
    [Show full text]